This document summarizes the Spanish system for reviewing public procurement contracts. It describes the structure of the system, including the Central Administrative Tribunal for Procurement Appeals and various regional review bodies. It notes some weaknesses like the system only applying to contracts over EU thresholds and not reviewing post-contract decisions. Strengths include the independent nature of review bodies, transparency of decisions, and swift and free review process. The number of annual review cases in Spain has increased from around 700 to up to 2,500 between 2012 and 2013.

1. www.obcp.es
Miguel Ángel Bernal Blay (mabernal@unizar.es)
María Hernando Rydings (mrydings@unizar.es)
Dublin, Ireland, 16 August 2014.
Room for improving the
effectiveness of the remedies
system for public contracts:
Lessons learned from the
Spanish case.

2. 2
The Spanish review system in the field of
public procurement: overview.
Law 13/95 on public sector
contracts: did not incorporate
content of Directives 89/665+
92/13
Directive 2007/66
implementation: Royal
Legislative Decree 3/2011
approving the refunded text
on public sector contracts
European Court of Justice
(ECJ) Judgment of 3 April
2008 (Case C-444/06)
1).- special administrative
review system (only for
contracts covered by
Directives
or (alternative)
2).- judicial review system.
Improving the effectiveness of the remedies system for public contracts: Lessons learned from the Spanish case

3. 3
Structure of the Spanish review review system
GENERAL
ADMINISTRATION
OF THE STATE
CENTRAL ADMINISTRATIVE
TRIBUNAL FOR
PROCUREMENT APPEALS
- Competent review procedures
within the GAS
-Also competent for regional
contracts when the AC
empowers it.
REGIONS
1).- Some Regions have
created their own review bodies
with collegial nature (Madrid,
Aragón, Catalonia, Navarra…)
or with a single member.
(Andalusia, Basque Country).
2).-Others have empowered the
CATPA (Balearic Islands,
Comunidad Valenciana. Galicia,
Asturias…)
3).- Others continue with a
system not adapted to Directive
2007/66(Canary Islands)
LOCAL
AUTHORITIES
Unified model: Competence of
the regional body extends to
contracts municipal authorities
(Madrid, Aragon …). Iti is also
followed by regions which have
empowered the CATPA
Multiple model: creation of
Bodies at local level in the
Region of Andalucía and País
Vasco (coexisting with the
Regional Body).
Improving the effectiveness of the remedies system for public contracts: Lessons learned from the Spanish case

4. 4
Main procedural characters of the system
Legitimation: not only for tenderers or companies, but also
recognised for professional and business associations, and local
councilors (review linked to the right of good Administration).
Facultative nature of the administrative review (administrative
review is an alternative for the judicial review).
Standstill (after the award decision), and time limit to initiate
the review procedure, both for 15 working days.
Automatic suspension of the award procedure in case of review
of the award decision.
Duration of the review procedures is no longer than 3 months.
Improving the effectiveness of the remedies system for public contracts: Lessons learned from the Spanish case

5. 5
The Spanish review system at a glance
- From around 700 review cases (2012) to up to 2.500 (2013).
- Average of accepted reviews: 42 % (2012) to 44% (2013). The Central
and two Regional Bodies exceeded 50% of accepted reviews in 2013.
Improving the effectiveness of the remedies system for public contracts: Lessons learned from the Spanish case

6. 6
Weaknesses of the system
Fragmented system:
a).- the administrative review system only applies to contracts
covered by EU Directives on public procurement (over the
thresholds)
b).- only decisions taken beforethe celebration of the
contract can be discussed with the special administrative review.
What about decisions adopted after the celebration of the contract
that are considered «new contracts» (i.e. modifications)?
Splintering of the review bodies (Central, Regional, and some
Local Bodies, and for the review of the contracts of the Parliaments)
Improving the effectiveness of the remedies system for public contracts: Lessons learned from the Spanish case

7. 7
Strengths of the system
Independent nature of the bodies created for the review procedures.
«Auctoritas» of the members of the review bodies: less than 3%
of review decisions are later challenged in Courts (less than 1% of them
are overturned by the Courts)
Transparency of the review decisions (avilable on-line for free)
Swift protection is the real protection.
Free cost for the appellants (…but Catalonia has recently approved a
tax for the review between 750 up to 5000 EUR, depending the
estimated value of the contract).
Improving the effectiveness of the remedies system for public contracts: Lessons learned from the Spanish case

8. www.obcp.es
Observatorio de Contratación Pública
Spanish Observatory of Public Procurement
Thank you for your attention